Check the legal description, it could make things interesting.

Thanks for taking such good care of your clients and doing the research for them.  It is refreshing to hear stories like this where a realtor goes the extra mile.  So many people have no idea what they are signing because they don't read the documents and this can lead to a world of hurt.  Good luck Nick!

Hey Nick - this is a timely post as things have been getting more and more scrutinized.  Having a good Title Company is so important.  I suggested this - it should be featured.  :)

Nick - I'm just waiting for the update post. Any news?

I had a client who previously purchased acreage without getting it surveyed and clearly without anyone looking closely at the legal description, which was for a lot nearly a mile down the road and in a very different topography.  Turns out she 'purchased' the wrong land three years prior.  That's gonna be fun for everyone involved.

I've seen situations where the legal description is for a completely different lot.  While the contract is for one surveyed parcel, a completely different parcel was in the description.  The fix for the issue was to update the legal description since the buyer and seller agreed that the parcel and matching parcel number were what was being sold.  I could see where this would get sticky when that sort of understanding can't be reached or sometime after a transaction closes.

We have similar problems in the Ozarks - must be the hills. 

Thanks for this post. It is not just the hills, we have some places here with the same problems. They always seem to crop up where a family has owned the property for many years. Things can get very complicated.

Funny - I'm working iwth buyers right now on a piece of family land that has had "problems".  Geting it straight could be interesting.  Good luck, and I look forward to hearing the rest of the story.

I think every title should be  checked when it's listed.  I've been doing that for every short sale, getting the correct legal and making sure there are no liens I don't know about.

There's a lot (no pun intended) going on with this post.  The owner signing something that wasn't explained, and the "trust me" . . . then trying to figure out what was signed, and the implications.  It's VERY fortunate that you are the trusted agent!  That's a blessing to this entire thing!  The owner went with you!!  Someone else might have been the "just sign here" type -- which clearly would have made the wicket much more stickier!!  Good luck on this Nick, and keep us posted.

It's always fascinating when researching title on new listings. Sometimes you really come up with some doozies. It surprises me that many agents do not search title on listings as a routine task on new listings. It's really bad when this stuff comes up IN escrow.

Hi Nick -- Great job getting the right resources to get to the bottom of it.  I don't think I would put text on a public post that there is a potential all cash offer coming out on the Internet for any other agent and/or potentially other interested buyer to see.

Sadly, most agents I know take the easy route and just copy whatever abbreviated version the county has, errors and all, into their contracts. I pull up the past deeds and get title insurance copies as well to make sure the legal is correct. If it will not fit on the two lines due to the use of "metes and bounds", I do a Schedule A which is attached to the listing agreement and to any purchase offers I write. But I would be that in Zephyrhills, I am the only one that does this. Most opt for auto-fill which is only as accurate as the county data that was entered in long ago. So, who knows.

I just had a similar issue come up with one of my deals that just closed yesterday. The borrowers father was asking some questions about easements after looking at the title report and the escrow/title company wouldn't answer his questions! They wanted to charge him an additional $100.00!

This was a purchase transaction- I did NOT choose the escrow/title company

Had a "legal description" several years ago that stated that one should ride North for the amount of distance "a tall horse walks while rider smokes 2 cigarettes". Gotta love the west! I just had to find a REALLY tall horse to get more land...Keep us updated!

Thanks to Lenn Harley for sending me over to your featured post.

Margaret

Good point, good post, thanks for getting it out to us today.  I've bookmarked it today for future reference.

~Patricia/Seacoast NH & ME

Nick, you due diligence will save a lot of time and potential problems for your client. Good Job!

I had almost sold a piece of property with the same issue, but it was a home on an easement, always smart to check legal description!